VARGHESE MATHAI C Vs. VARGHESE C PHILIPPUKUTTY

JUDGEMENT

(1.) The questions of law which arise for consideration in this Original Petition are: (1) Whether for restoration of a suit which was dismissed erroneously on the basis of a compromise entered into between the parties before the Lok Adalath, Article 122 of the Limitation Act or Article 137 of the Limitation Act would apply; and (2) When Rule 9 of Order IX of the Civil Procedure Code makes a specific provision for restoration of a suit, whether Section 151 of the Civil Procedure Code can be resorted to for that purpose.

(2.) The petitioner0 is the first defendant in O.S.No.42 of 2005, Sub Court, Thiruvalla, which was filed by the first respondent for partition. An appeal between the parties as A.S.No.36 of 2004 was also pending before the Sub Court, Thiruvalla. The aforesaid matters were referred to the Lok Adalath. In the Lok Adalath held on 29.3.2008 at Sub Court, Thiruvalla, the following arrangement was arrived at:

(3.) The plaintiff challenged the proceedings of the Lok Adalath and the dismissal of the suit, in W.P.(C) No.15463 of 2009. It was contended that no measurement as contemplated in the consensus among the parties was done and contrary to the consensus, O.S.No.42 of 2005 was dismissed. It was contended by the plaintiff that no award was passed by the Lok Adalath. W.P.(C) NO.15463 of 2009 was disposed of as per the judgment dated 26.3.2010. This Court set aside the proceedings of the Adalath. It was held that the plaintiff is at liberty to approach the Court for restoration of the suit by filing proper application. It was also held that if proper application is filed, the Court shall restore the suit and dispose of the same in accordance with law.